Treatment orders : an analysis of their monitoring, implementation and enforcement

Abstract

The focus of this paper is on mentally disordered offenders and the overall effectiveness of treatment orders. The principle discussion analysed the relationship between mental illness and criminal behaviour, and accentuated the importance of treatment of offenders in order to achieve rehabilitation, reintegration and reduced recidivism rates. The dichotomy of care and custody offers much debate, especially on a legislative and judicial level. On the one hand, there is the need for care and treatment. On the other, there is the need for custody or rather punishment through a custodial term or a probation order and its conditions. Through the use of three qualitative strategies; namely the ‘Doctrinal’ approach, interviews with professionals and a comparative analysis, the local context is examined by putting particular focus on the significance and workings of treatment orders, a decade on from their implementation in the Maltese Criminal Code. A careful analysis of judgments rendered a clearer picture upon the extent to which treatment orders are being issued and under what circumstances. The ambiguity surrounding the wording of article 412D of the Criminal Code is leaving ample room for interpretation, thereby creating confusion and lack of consistency and uniformity throughout. The monitoring and enforcement of treatment orders are also analysed. The lack of clearly delineated roles influences the effectiveness of a given law. Undeniably, there is a great effort by all entities involved to further the workings of treatment orders; however, the lack of coherence between them might indeed impact the overall effectiveness of treatment orders. Thus, the need for enhanced coherence amongst the agencies involved is suggested. A comparative analysis of the Maltese Criminal Code and British provisions providing for treatment of offenders in the community, offered some salient points of comparison and ideas for improvement.